India Considers All India Judicial Services Examination for Judicial Recruitment and Promotion
India is contemplating the adoption of a centralized examination system, known as the All India Judicial Services (AIJS), for the recruitment and promotion of individuals in the judicial services. This move aims to bring regularity to the judicial recruitment process and address the persistent issue of vacancies in the Indian judiciary.
Currently, Article 235 of the Indian Constitution grants authority to the high courts over the district and subordinate judiciary, including their recruitment, promotions, and transfers. This allocation of power ensures the separation of the judiciary from executive interference. However, President Droupadi Murmu has expressed her desire for a centralized examination system to streamline the recruitment process.
The concept of AIJS finds its roots in the First Law Commission, which recommended its establishment to improve the efficiency of the subordinate judiciary. However, this proposition faced opposition from several states. In 1976, the 42nd amendment to the Constitution introduced a provision for AIJS applicable to both the Union and the states, focusing on posts at or above the district judge level.
Although the idea of AIJS has encountered minimal judicial resistance, concerns were raised by states such as Manipur, Tamil Nadu, and Kerala regarding the control of the high courts over the state judiciary. In response, the 116th Law Commission Report clarified that AIJS would only impact the initial recruitment, ensuring that the high courts retain control over the subordinate judiciary post-recruitment.
Compared to the National Judicial Appointments Commission, which faced significant resistance from the judiciary, the proposal for a centralized AIJS has garnered support. In a case between the All India Judges Association and the Union of India, the Supreme Court called on the government to evaluate the feasibility of establishing AIJS, as recommended by the Law Commission. Furthermore, in 2017, the apex court took proactive measures on district judge appointments, advocating for a Central Selection Mechanism and the introduction of a unified District Judge Recruitment Examination applicable across states.
Looking to international examples, many countries employ entrance examinations and training programs for selecting judges, with involvement from their Supreme Courts. For example, the Supreme Court of Japan oversees the initial selection, reappointment, and promotion of assistant judges, while France attributes its impressive case clearance rate and the efficacy of its judges to a focus on judicial education.
To implement AIJS effectively, India could adopt a model featuring a Central Selection Committee appointed by the Chief Justice. This approach would ensure regularity in judicial recruitment and the promotion process. Introducing an annual and predetermined examination would bring much-needed momentum to the slow process of filling judicial vacancies and make judicial services a more appealing option for law students. Moreover, the Central Selection Mechanism can address the existing disparity between the number of district judges promoted to high courts and appointments from the Bar. The proposed examination would also enable district-level judges to apply for higher judiciary positions across different states.
While the skeletal framework for AIJS exists in Article 312 of the Constitution, a forward-thinking approach is necessary to bring it to life. The establishment of AIJS has the potential to streamline judicial recruitment, enhance efficiency, and maintain the integrity of the high courts’ control over the subordinate judiciary. By adopting a centralized examination system, India can ensure a well-qualified and competent judiciary, serving justice effectively throughout the nation.
